The recent decision of Ackinclose v Commissioner of State Revenue [2026] QCAT 312 provides important guidance on the circumstances in which land held by an SMSF may be aggregated with land held by a discretionary family trust for Queensland land tax purposes. The matter concerned a husband and wife who acted as trustees of both an [read more]
Following the Government’s proposed 30% tax on discretionary trust (DT) distributions from 1 July 2028 announced in the 12 May 2026 Federal Budget some have been considering setting up companies with more than one share class. This is based on the thinking that this will provide greater flexibility. However, there are a number of tax [read more]
Background/overview Failing to keep your SMSF deed up to date can lead to the SMSF failing to optimise tax and contribution concessions, unnecessarily restricting investment opportunities, and can result in funds being unable to function appropriately if a member loses capacity or dies. Deciding when, and with whom, to update the governing rules of an [read more]
About our governing rules DBA Lawyers is Australia’s leading SMSF law firm. We have been refining our SMSF governing rules and related documents for well over 30 years, making it the best SMSF rules available. Our SMSF governing rules contain numerous ‘value-added’ advantages that are not available in most other offerings. Additionally, our SMSF rules [read more]
A discussion about capacity to make decisions can focus on what control means, how it can be maintained with assistance, and what the client wants to happen when decision-making capacity is lost. Such discussions can be used to equip individuals with the mechanisms to preserve control and agency, whilst taking advantage of assistance and delegation [read more]
The recent decision of Carrello [2026] FCA 468 illustrates various options in respect of SMSFs and bankruptcy. Carrello contrasts interestingly to Hunt [2026] FCA 389, which is also a recent decision. Carello Mr and Mrs Jones were the trustees of an SMSF. At all relevant times, a principal asset of the SMSF was certain real [read more]
In Hunt, in the matter of Hunt (bankruptcy) [2026] FCA 389, McDonald J of the Federal Court considered yet another application by an undischarged bankrupt for orders permitting him to continue to act as director of a corporate trustee of a self managed superannuation fund (SMSF). Bankruptcy has immediate consequences under both the Corporations Act [read more]
Special Disability Trusts (SDTs) can be an important estate planning tool for families seeking to provide financial security and structured support for a loved one with a severe disability. SDTs offer advantages over other trust structures. These include more favourable social security means testing and other tax concessions, such as unexpended income being taxed at [read more]
In the March 2025 Tax Agent Newsletter (Issue 10), the Australian Taxation Office (ATO) reiterated the importance of tax professionals supporting clients to manage business finances responsibly and meet their taxation obligations. However, a tax adviser’s role often extends well beyond mere compliance with income tax obligations. Accountants and tax advisers frequently act as the [read more]
The recent Federal Court decision in Simpson v Taylors Business Pty Ltd [2025] FCA 835 involved a company director seeking leave to personally represent the company in ongoing proceedings. The case highlights several factors the Court considered in declining to dispense with the general requirement under the Federal Court Rules that corporate parties are legally [read more]
